# First Pennsylvania Bank, N.A. v. Lancaster County Tax Claim Bureau

> Supreme Court of Pennsylvania · December 30, 1983 · 504 Pa. 179

URL: https://www.frixlaw.com/law-library/cases/9634368

## Case

- **Full name:** FIRST PENNSYLVANIA BANK, N.A., Appellant, v. LANCASTER COUNTY TAX CLAIM BUREAU and Della Becker, Appellees
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 30, 1983
- **Citations:** 504 Pa. 179; 470 A.2d 938; 1983 Pa. LEXIS 797
- **Precedential status:** Published
- **Opinion:** Concurrence by Zappala
- **Judges:** Hutchinson, Roberts, Nix, Larsen, Flaherty, McDermott, Zappala
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9634368

## How later opinions describe it (automated extraction)

- holding notice provision in former 72 P.S. §5860.602, which did not require either personal service or service by mail of an impending tax sale to a record mortgagee, violated the mortgagee’s constitutional due process *473 rights
- describing reasoning behind DJA

## Opinion text

ZAPPALA, Justice,
concurring.
I agree with the majority that the notice provision of the real estate tax sale act must be held to be unconstitutional in light of Mennonite Board of Missions v. Adams, 462 U.S. 791 , 103 S.Ct. 2706 , 77 L.Ed.2d 180 (1983). I would find that such holding disposes of the case and makes it unnecessary to reach the issue of the applicability of the deficiency judgment act. I do not join that part of the majority that discusses the deficiency judgment act issue. Such discussion should be regarded as dictum.
NIX, LARSEN and McDERMOTT, JJ., join in this concurring opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9634368. Public record. Not legal advice.